Home > The Court Process > Equality in the Family Courts: Letter from Separated Dads to P.M

Equality in the Family Courts: Letter from Separated Dads to P.M

By: Lorna Elliott LLB (hons), Barrister - Updated: 12 Feb 2017 |
 
Government Fathers Rights Father Child

Please see below the letter we sent on 12th May 2010. This was acknowledged on 19th May 2010, but as of today 16th May 2013, we have received no further correspondence from David Cameron and nothing at all from Nick Clegg. Ed Balls' response is here.

Does Lack of Response Reflect a Lack of Interest?

Does this reflect the lack of interest on the government's part? It is strange that equality is defended so fiercely in our society and yet, where separated fathers are concerned, it seems to be an irrelevance.

Letter sent on 12th May 2010 to:

David Cameron, Prime Minister

(and copied to)
Nick Clegg, Deputy Prime Minister
Ed Balls, Shadow Children's Secretary

Dear Mr Cameron,

For many years now women have enjoyed equal rights in this country. Their rights of equality are recognised in the workplace, in the provision of goods and services, divorce and separation, and in all other areas of life, yet men who are separated from their partners and children continue to be treated as secondary parties in the Family Courts.

Fathers play a very important role in the mental and emotional development of their children, yet there have been many documented cases in which a father is allowed a woefully inadequate amount of contact: an hour a month in a supervised environment, or merely a few letters a year. The courts, Cafcass and others tend to be biased towards mothers and what they want, often prioritising the mother's emotional welfare over the child's needs.

If a father is lucky enough to secure a decent amount of contact, mothers can flout the order without any particular fear of reprisals. Individuals who breach other types of court orders are vigorously and fiercely pursued, yet in the family courts not enough is done to ensure that enforcement of a breach is a sufficient deterrent.

Whilst it is the child's welfare that is paramount in terms of contact with both parents, we believe that it is our children's rights under Article 8 of the European Convention of Human Rights (right to family life) that are systematically breached under the current system.

We are an informal group of people who share a common aim – reform of treatment of fathers in the family courts. We are of no particular political persuasion, and come from all social, educational and financial circumstances. None of us formed our relationships or fathered our children thinking that we would ever be in this situation but we have, for various reasons, found ourselves in court fighting for the right to be fathers to our children.

Given that men and women enjoy equal rights elsewhere in society, why is there no legal presumption that men and women should share contact with a child between both parents? Separated single sex couples would not, and do not, have this problem. Fathers who are separated do not become worse parents as a result, neither do single mothers automatically become better parents. Of course, as loving, committed parents we want to be as much a part of our children's lives as possible – but the effect of non-contact with our children, often determined by a stranger at Cafcass with whom we have spent very little time, is detrimental to our children's growth and development as well as destroying many fathers' lives.

Fathers are too often the last party that the courts consider. We, for our part, would rather not be going to court at all, but do what is necessary to enable us to maintain relationships with the people who are of paramount importance to us in our lives. We implore the new government to prioritise a wholesale review of the family courts system, and to address the continuing discrimination against fathers to favour equal rights for fathers and mothers.

Yours faithfully

John Rowlinsonon behalf of
www.SeparatedDads.co.uk

Here is the response we received from Ed Balls.

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This is based on my own experiences and are my opinions: Until the powers of leverage over children empowered to a mother in the majority of cases are completely pulled apart - then Dads who divorce from maligned mothers are at their absolute mercy !! That has been my situation for the last nearly 20 years - I have no contact whatsoever with either of my two older children simply because the way in which the process of law is staged acts a firewall between my rights versus hers. Further the politically preconceived ideologies of influential court workers as well as the vestige of interests of legal "actors" further disrupt the abilities of any non-resident parent to achieve legal parity or support. I had a "perfect" contact order which I had to fight tooth and nail for - yet this was over a short time disemboweled by my ex through brainwashing the children while they were still very young and the only way to seek any recourse would be to destroy mine and my children's lives entirely by "playing" the court's system. This would serve to benefit no-one but the incalculably greedy law firms who themselves hate dealing with the child contact side of matters (it's messy, unrewarding and less lucrative than resolving the tangible matters of ancillary relief) - This they make penalisingly plain in the way they deal with anyone seeking to maintain such ongoing arrangements against a discrepant mother. In my opinion, the Courts, on formulating ancillary and contact orders ought to be periodically checking with the respective parties beneficiary to those orders that they are getting what they should in terms of financial arrangements and contact arrangements respectively in order to ensure that matters are progressing properly and if not then why not ? By doing so this could prevent massively damaging effects on families who end up fighting through courts on ongoing bases as well as saving huge wastage of court time. The problem that arises is that both orders are treated very differently. If the tangible financial order is not maintained then this is considered a criminal offence and is punishable by fines and/or imprisonment. However, the witholding and abating of contact arrangements being intangible are haphazardly subjective and open to huge amounts of corruption by errant mothers - yet there are no criminal penalties whatsoever. Just a single high-profile example of a suspended sentence or a night in jail prescribed against a worst offender would overnight halt swathes of mothers who might have intended to play such tactics - being advised by their legal representatives to think twice or risk a criminal blight to their name ! Until this situation is totally overturned then nothing will alter and my damning first sentence statement will prevail. My suspicions are that both huge vested interests politically, financially as well as professionally (posturing) will prevent this ever happening.
EIBF - 12-Feb-17 @ 11:56 PM
I have started proceedings to get access to my children, I cannot afford legal advice, do you have any tips / advice for me ? My ex has blocked access for 3 years and will not discuss the matter. I have completed the new c100 at my local court. My ex is trying to get the case moved and hence delayed again by saying that the court if is due to be heard at is not in the durastiction, both courts in question are 6 miles from the children's home. Many thanks
Graham - 25-Aug-14 @ 12:35 PM
Please help. My grandson is being abused and neglected from his mother who is taking cocaine habitually and lives with a drug dealer but social services beleive her lies and think my son who has complained is just doing it to cause the mother stress. They do not see him cry at night scared he may not see his son alive again. He went for custody but the courts basiially laughed at him. His mother is on police bail for the drugs but still no one listens. He has been told if he complains to anyone he will lose contact of his son. Has anyone been in the same situation? How do you fight the social services? How do you make them see you are telling the truth?
Lynn - 27-Jun-14 @ 3:38 PM
I was wondering if someone could tell me what rights I have in regards to my disabled daughters disability benefit??? Currently I have no say over what happens to it, even though I have joint custody of her and I want to make sure it is spent on meeting my daughters needs and not, as I suspect, just included in my ex wife's family budget
Al - 12-May-14 @ 9:37 PM
hi i was wondering if a mckenzie advisor will be able to get in contact with me
tiger - 14-Oct-12 @ 12:37 AM
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